THE ORGANIZATION OF CONGRESS

Creation and Evolution

• Framers AGAIN we worried about executive power

• In turn, gave the Congress Legislative Power…or the power to make laws

BICAMERAL LEGISLATURE• MEANING TWO….(BI=2)

HOUSE= POPULATION

SENATE= EQUAL REPRESENTATION

WOW…WE DIDN’T KNOW THAT YET DID WE…WAIT THIS IS CALLED REVIEW

CONGRESS SESSIONS

• SESSION=ONE YEAR

• TERM=2 YEARS

• STARTS ON JANUARY 3 ON ODD YEARS BY THE 20th Amendment

• HOUSE REPRESENTS THE WILL OF THE MAJORITY (COMMON PEOPLE)

• SENATE REPRESENTS THE STATES

(ELITE)

BICAMERAL LEGISLATURE

REAPPORTIONMENT

• Reapportionment Act of 1929

• Every ten years-A CENSUS has to be taken…this is for the purpose of reapportioning seats in the HOUSE.

1. HOUSE WILL ALWAYS REMAIN AT 435 SEATS…

2. THEY ARE DISTRIBUTED ACCORDING TO EACH CENSUS

CONGRESSIONAL DISTRICTING

• OR HOW TO CONTROL CONGRESS…

• STATE LEGISLATURES PICK DISTRICT LINES…

• IF THE STATE IS OVERWHELMINGLY ONE PARTY OR ANOTHER…THEY CAN CHANGE THE LINES TO SUIT THEIR NEEDS

• MUST HAVE EQUAL POPULATION

• SO ONE DISTRICT MAY BE HUGE, BUT BECAUSE IT IS RURAL…BE EQUAL TO A SMALL SECTION OF A BIG CITY.

CONGRESSIONAL DISTRICTING

GERRYMANDERING

• DRAWING DISTRICT LINES TO HURT A POLITICAL OPPONENT

• “PACKING” CHANGING DISTRICT LINES TO PACK THE DISTRICT WITH ENOUGH OF ONE PARTY TO WIN

• “CRACKING” SPLITING A DISTRICT SO THE OPPONENT’S SUPPORT IS SPILT BETWEEN TWO DISTRICTS

Members of Congress

Salary– 27th Amendment

Privileges and Benefits– Franking– Staff– Medical and Retirement– Protection from arrest or lawsuit while on the floor ofCongress

Punishment– Exclusion– Censure– Expulsion

Membership in the House

435 MembersQualifications– 25 years old– Citizen of U.S. for 7 years– Legal resident of state where elected--Term of Office– 2 years– Elections in even numbered years

Membership of the Senate

Two From Each StateQualifications– 30 years old– Citizen of U.S. for 9 years– Legal resident of state where elected

Term of Office6 yearsElections in even numbered years1/3 up for reelection every two years

Members of Congress

CharacteristicsReelectionConstant in the House

– Incumbent AdvantageMoney – PACsName RecognitionExperienceFrankingBeing a Congressman

REPRESENTATION• One man one vote

• Baker v. Carr(1962)

• Baker filed suit against Carr, the Secretary of State of Tennessee

• Violated Equal Protection and the 14th amendment

• Courts decided the States must redistrict

• Courts were concerned with POLITICAL QUESTIONS (enmeshed in two branches of government), if a case is JUSTICABLE

POWERS OF CONGRESS A REVIEW

• EXPRESSED POWERS

TAX AND SPEND

BORROW

COINING MONEY

COMMERCE

FOREIGN RELATIONS

POST OFFICES

NATURALIZATION

IMPLIED POWERS

• EVERYTHING ELSE

• NOT STATED IN THE CONSTIUTION…OR WRITTEN

NONLEGISLATIVE POWERS

• IMPEACHMENT• HOUSE- BRINGS CHARGES BY

MAJORITY VOTE

• SENATE CONDUCTS TRIAL AND MUST HAVE A 2/3’s MAJORITY TO CONVICT

• POWER TO PROPOSE CONSITUTIONAL AMENDMENTS

• 2/3’s vote in both houses

NONLEGISLATIVE POWERS

• POWER TO CHOOSE A PRESIDENT

• SENATE COUNTS ELECTORAL VOTES

• IF NO ONE PERSON HAS A MAJORITY…THE HOUSE ELECTS A PRESIDENT

• USED TWICE WITH JEFFERSON AND JOHN QUINCY ADAMS

NONLEGISLATIVE POWERS

• GIVING ADVICE AND CONSENT

• APPROVING PRESIDENTIAL APPOINTMENTS

• SENATORIAL COURTESY…THEY USUALLY ACCEPT EVERYONE.

NONLEGISLATIVE POWERS

• INVESTIGATIVE POWERS

• CONDUCTED BY COMMITTEES AND SUBCOMMITTES

• CALLED OVERSIGHT OR WATCHDOG FUNCTION…THEY WATCH THE EXECUTIVE BRANCH TO MAKE SURE THEY ARE DOING THE RIGHT THING

NONLEGISLATIVE POWERS